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Pakistan Railways Personnel Manual- -- Vol I, para. 510 (a) (iv)-Retirement benefit-Not within discre­tion of Railway Administration - Fireman incapacitated-Offered post of Shedman but not accepted-Allowing retirement benefit to such employee, held, not within discretion of Administration -Order refusing retirement benefit set aside by Labour Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). Syed Muhammad Iqbal for Appellant. Muhammad Ramzan Butt for Respondent. Date of hearing : 11th January, 1984. JUDGMENT The appeal captioned above challenges the decision, dated 17th July, 1983 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, dismissing the grievance petition of the appellant. 2. The appellant was Fireman F. H. G. On 9th May, 1981 he met with an accident while on duty and lost his right eye-vision. He was declared fit for category C. 1 by the Medical Board and was offered the post of Shedman in category C.1 in Scale No. 8 but he refused. His demand that besides pay of Shedman 55 % running allowance which he was getting as Fireman be allowed was rejected. He requested for being declared invalid for service and claimed retirement benefits, which were refused. His claim is that he is entitled to invalid retirement benefits. The learned lower Court has observed that as the appellant was offered a better post of Shedman in Scale No. 8, whereas as Fireman the appellant was in Scale No. 5 and as his demand of 55% running allowance could not be legally accepted, he was rightly refused the benefits of retirement on the basis of invalidated service. It has also been held that it is the option of the respondent to allow or disallow retirement declaring him unfit for service. This is wrong that the Railway has the option to declare an employee invalid for service and to grant him retirement benefits. Para. 510 (a) (iv) of Personnel Manual, Volume I is relevant to the case. For ready reference the same is reproduced below :- "After deciding which post an employee who is incapacitated for service in a class can be considered for and the rate of pay therein which can be given to him, he will be asked to…

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